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Pranballav Saha and anr. Vs. Sm. Tulsibala Dassi and anr.

Court : Kolkata

Subject : Civil

Acts : Evidence Act, 1872 - Sections 5, 32, 32(4) and 114; ;Transfer of Property Act, 1882 - Section 6; ;Contract Act, 1872 - Sections 23 and 65; ;Specific Relief Act, 1877 - Sections 35, 38, 39, 40 and 41; ;Trusts Act, 1882 - Section 84; ;Constitution of India - Articles 23 and 35; ;Bengal Suppression of Immoral Traffice Act, 1933 - Section 4(1); ;Suppression of Immoral Traffic in Women and Girls Act, 1956

Reported in : AIR1958Cal713,63CWN258

party, then the insistence on the procedural rule of denying a person in pari delicto or in particeps criminis the right of relief will be not furtherance of public policy, but its defeat. To deny a person,

Deivanayaga Padayachi Vs. Muthu Reddi and ors.

Court : Chennai

Subject : Property

Reported in : (1920)39MLJ525

purpose and that purpose has been achieved, the Court would not interfere at the instance of the particeps criminis to relieve him from the legal effect of the transaction. In the decided cases it is well settled

Deivanayaga Padayachi Vs. Muthu Reddi and Two ors.

Court : Chennai

Subject : Property

Reported in : AIR1921Mad326; (1921)ILR44Mad329

purpose and that purpose has been achieved, the Court would not interfere at the instance of the particeps criminis to relieve him from the legal effects of the transaction. In the decided cases it is well settled

Deivanayaga Padayachi Vs. Muthu Reddi and ors.

Court : Chennai

Subject : Property

Reported in : 59Ind.Cas.1003

purpose and that purpose has been achieved, the Court would not interfere at the instance of the particeps criminis to relieve him from the legal effects of the transaction. In the decided cases it Is well-settled that

Saradambal Ammal Vs. A.M. Natesa Mudaliar

Court : Chennai

Subject : ContractProperty

Reported in : (1972)1MLJ244

ground that the transfer becomes legal but on the ground that the Court will not help a particeps criminis. This general rule is in pari delicto potior est, condito possidentis and in such a case Courts Would

Sabava Yellappa Vs. Yamanappa Sabu

Court : Mumbai

Subject : Property

Reported in : AIR1933Bom209; (1933)35BOMLR345

as follows (p. 283):-In the present case relief is sought by the representative, not merely of a particeps criminis, but of a voluntary and sole donor, on the naked ground of the illegality of his own intention

Muthukkannu (Dead) and ors. Vs. Shanmugavelu Pillai

Court : Chennai

Subject : Property

Reported in : (1905)15MLJ286

his Lordship observes:-' In the present case relief is sought by the representative not merely of a particeps criminis, but of a voluntary and sole donor on the naked ground of the illegality of his own intention

istak Kamu Musalman Vs. Ranchod Zipru Bhate and ors.

Court : Mumbai

Subject : Property

Reported in : AIR1947Bom198

L.C. observed (p. 283):In the present case relief is sought by the representative, not merely of a particeps criminis, but of a voluntary and sole donor, on the naked ground of the illegality of his own intention

istak Kamu Musalman and Ghelabhai Nanji Shet Gujarathi Vs. Ranchod Zip ...

Court : Mumbai

Subject : ContractProperty

Reported in : (1946)48BOMLR775

to vice and immorality, it is no less true...that the law, in sanctioning the defence of ' particeps criminis,' does so on the grounds of public policy, namely, that those who violate the law must not apply

M.O. ShamsudhIn Vs. State of Kerala

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120B and 161; Evidence Act, 1872 - Sections 133; Prevention of Corruption Act, 1947 - Sections 5(1) and 5(2)

Reported in : 1995(2)ALT(Cri)114; 1995(2)Crimes282(SC); JT1995(3)SC367; 1995(2)SCALE298; (1995)3SCC351; 1995(2)LC79(SC)

his work done and having got the work done he may send a complaint. Here is a particeps criminis in respect of the crime committed and thus is an accomplice. Thus there are grades and grades of